[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59052-59054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Notice of Initiation 
of Changed Circumstances Reviews, and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on a request from Shenzhen Hello Tech Energy Co., Ltd. 
(Hello Tech), the U.S. Department of Commerce (Commerce) is initiating 
changed circumstances reviews (CCR) to consider the possible 
revocation, in part, of the antidumping duty (AD) and countervailing 
duty (CVD) orders on crystalline silicon photovoltaic cells, whether or 
not assembled into modules (solar cells), from the People's Republic of 
China (China) with respect to certain off-grid small portable 
crystalline silicon photovoltaic (CSPV) panels as described below.

DATES: Applicable September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the AD and CVD orders on 
solar cells from China.\1\ On August 8, 2022, Hello Tech, a Chinese 
producer and exporter of subject merchandise, requested, through CCRs, 
revocation of the Orders, in part, with respect to CSPV panels, 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216(b).\2\ Within Hello Tech's CCR request, 
Hello Tech included a letter from the American Alliance for Solar 
Manufacturing (the Alliance), a U.S. producer of the domestic like 
product and a petitioner in the underlying investigations, in which the 
Alliance stated that it did not oppose the partial revocation of the 
Orders proposed by Hello Tech.\3\ No interested parties filed comments 
opposing the CCR request.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Countervailing 
Duty Order, 77 FR 73017 (December 7, 2012) (collectively, Orders).
    \2\ See Hello Tech's Letter, ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules From the People's 
Republic of China: Hello Tech's Resubmitted Request for Changed 
Circumstances Reviews,'' dated August 8, 2022 (CCR Request).
    \3\ Id. at Exhibit 7.
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Scope of the Orders

    The merchandise covered by these Orders is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    These Orders cover crystalline silicon photovoltaic cells of 
thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of the Orders.
    Excluded from the scope of the Orders are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of the Orders are crystalline silicon photovoltaic cells, not 
exceeding 10,000mm\2\ in surface area, that are permanently integrated 
into a consumer good whose function is other than power generation and 
that consumes the electricity generated by the integrated crystalline 
silicon photovoltaic cell. Where more than one cell is permanently 
integrated into a consumer good, the surface area for purposes of this 
exclusion shall be the total combined surface area of all cells that 
are integrated into the consumer good.
    Additionally, excluded from the scope of the Orders are panels with 
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and 
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in 
length when measured from panel extrusion), and not exceeding 2.9 
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no 
panel shall contain an internal battery or external computer peripheral 
ports.
    Also excluded from the scope of the Orders are:
    1. Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:

[[Page 59053]]

    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    2. Off grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) the panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.
    In addition, the following CSPV panels are excluded from the scope 
of the Orders: Off-grid CSPV panels in rigid form with a glass cover, 
with each of the following physical characteristics, whether or not 
assembled into a fully completed off-grid hydropanel whose function is 
conversion of water vapor into liquid water:
    (A) A total power output of no more than 80 watts per panel;
    (B) A surface area of less than 5,000 square centimeters (cm\2\) 
per panel;
    (C) Do not include a built-in inverter;
    (D) Do not have a frame around the edges of the panel;
    (E) Include a clear glass back panel; and
    (F) Must include a permanently connected wire that terminates in a 
two-port rectangular connector.
    Modules, laminates, and panels produced in a third country from 
cells produced in China are covered by the Orders; however, modules, 
laminates, and panels produced in China from cells produced in a third 
country are not covered by the Orders.
    Merchandise covered by the Orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. 
These HTSUS subheadings are provided for convenience and customs 
purposes; the written description of the scope of the Orders is 
dispositive.\4\
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    \4\ See Orders.
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Proposed Partial Revocation of the Orders

    The products subject to the proposed revocation are off-grid 
portable small crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics:
    (A) total power output of 200 watts or less per panel;
    (B) a maximum surface area of 16,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include an integrated handle or a handle attached to the 
package for ease of carry;
    (E) must include one or more integrated kickstands for easy 
installation or angle adjustment; and
    (F) must include a wire of not less than 3 meters either 
permanently connected or attached to the package that terminates in an 
8mm diameter male barrel connector.

Initiation of CCRs and Consideration of Revocation of the Orders, in 
Part

    Pursuant to section 751(b) of the Act, when Commerce receives 
information concerning, or a request from an interested party \5\ for a 
review of, a final affirmative determination that resulted in an AD or 
CVD order, which shows changed circumstances sufficient to warrant a 
review of an order, Commerce shall conduct a changed circumstances 
review of the order.\6\ In accordance with 19 CFR 351.216(d), Commerce 
determines that the information submitted by Hello Tech, and the letter 
of no opposition to partial revocation of the Orders with respect to 
the products described by Hello Tech, constitute a sufficient basis to 
conduct CCRs of the Orders.\7\
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    \5\ Hello Tech stated in its CCR Request that it is an exporter 
of solar panels. As such, Hello Tech is an interested party pursuant 
to section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(i).
    \6\ See 19 CFR 351.216(d).
    \7\ See CCR Request at Exhibit 7.
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
that Commerce determines an expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation 
and preliminary results. In its administrative practice, Commerce has 
interpreted ``substantially all'' to mean producers accounting for at 
least 85 percent of the total U.S. production of the domestic like 
product covered by the order.\8\
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    \8\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    One domestic producer, the Alliance, stated that it does not object 
to the partial revocation of the Orders proposed by Hello Tech. 
However, because the Alliance did not indicate whether it accounts for 
substantially all of the U.S. production of the domestic like product 
covered by the Orders, we are not combining this notice of initiation 
with a preliminary determination, pursuant to 19 CFR 351.221(c)(3)(ii). 
Rather, we will provide interested parties with an opportunity to 
address the issue of domestic industry support with respect to the 
partial revocation of the Orders, as explained below. After examining 
comments, if any, concerning domestic industry support, we will issue 
the preliminary results of these CCRs.

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these CCRs, including comments on industry 
support and the proposed partial revocation language. Comments and 
factual information may be submitted to Commerce no later than fourteen 
days after the date of publication of this notice. Rebuttal comments 
and rebuttal factual information may be filed with Commerce no later 
than seven days after the comments and/or factual information are 
filed.\9\ All submissions must be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically-
filed document must be received successfully in its entirety by ACCESS, 
by 5 p.m.

[[Page 59054]]

Eastern Time on the due dates set forth in this notice. Note that 
Commerce has temporarily modified certain requirements for serving 
documents containing business proprietary information, until further 
notice.\11\
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    \9\ Submissions of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Preliminary and Final Results of the CCRs

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of these AD and CVD CCRs in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary 
factual and legal conclusions in that notice. Unless extended, Commerce 
will issue the final results of these CCRs in accordance with the time 
limits set forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: September 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-21155 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P